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(b) being a member of the municipal council does not interfere with the police officer’s duties<br />

as a police officer or does not place, or is not likely to place, the police officer in a position of conflict of<br />

interest. O. Reg. 268/10, s. 17 (2).<br />

(3) A municipal police officer who is elected in an election for municipal council and who, as<br />

permitted by subsection (2), does not resign as a police officer,<br />

(a) shall not take part at any meeting of the municipal council in the discussion of, or vote on,<br />

any question relating to the budget for a police services board under section 39 of the Act; and<br />

(b) shall not attempt in any way, whether before, during or after a meeting of the municipal<br />

council, to influence the voting on any such question. O. Reg. 268/10, s. 17 (3).<br />

(4) A former municipal police officer who resigns in accordance with subsection (1) and later<br />

ceases to be an elected political representative is entitled, on application, to be appointed to any vacant<br />

position on the police force for which he or she is qualified under section 43 of the Act. O. Reg. 268/10, s.<br />

17 (4).<br />

(5) Subsection (4) applies only if the former police officer,<br />

(a)<br />

ceases to be an elected political representative within,<br />

(i) in the case of a former police officer who was elected in a federal or provincial election,<br />

five years after resigning as a police officer,<br />

(ii) in the case of a former police officer who was elected in an election for municipal council,<br />

three years after resigning as a police officer; and<br />

(b) makes an application to be reappointed to the police force within 12 months after ceasing<br />

to be an elected political representative. O. Reg. 268/10, s. 17 (5).<br />

(6) Another person’s right to be appointed or assigned to a position on the police force by virtue<br />

of a collective agreement prevails over the right conferred by subsection (4). O. Reg. 268/10, s. 17 (6).<br />

Effect of absence on length of service<br />

18. (1) The period of a leave of absence granted under subsection 16 (2) or (4) shall not be<br />

counted in determining the length of the police officer’s service, but the service before and after the period<br />

of leave shall be deemed to be continuous for all purposes. O. Reg. 268/10, s. 18 (1).<br />

(2) Subsection (1) applies, with necessary modifications, to a police officer who has resigned and<br />

subsequently been reappointed to the police force in accordance with subsection 17 (4). O. Reg. 268/10, s.<br />

18 (2).<br />

Forfeiture of pay<br />

FORFEITURE OF PAY<br />

19. (1) If a penalty of more than one day’s forfeiture of pay is imposed under Part V of the Act,<br />

not more than one day’s pay shall be deducted in each pay period until the full penalty has been paid,<br />

unless otherwise agreed to by the police officer against whom the penalty is imposed or otherwise ordered<br />

by the chief of police or board imposing the penalty. O. Reg. 268/10, s. 19 (1).<br />

(2) If the police officer against whom a penalty described in subsection (1) is imposed ceases to be<br />

a member of the police force, the whole amount of the forfeiture of pay then remaining may be deducted<br />

from any pay then due. O. Reg. 268/10, s. 19 (2).<br />

Definition<br />

20. <strong>In</strong> this Part,<br />

PART IV<br />

ONTARIO PROVINCIAL POLICE<br />

“Force” means the Ontario Provincial <strong>Police</strong>. O. Reg. 268/10, s. 20.<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |335

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